IHTM12073 - Revocation of a will: by destruction

For a will to be revoked by destruction there must be both an intention to destroy and an act of physical destruction.

However

  • destruction whilst the testator is of unsound mind does not revoke a will
  • a will destroyed by accident is not revoked
  • if a will is destroyed in the mistaken belief that it is invalid, useless or already revoked, the act of destruction does not revoke it
  • if a will cannot be found at the death it is presumed to have been destroyed by the testator with the intention of revoking it
  • when a will is found mutilated at the death it is presumed to have been mutilated by the testator with intention of revoking it wholly or partially.